| People v Hooten |
| 2006 NY Slip Op 08008 [34 AD3d 941] |
| November 9, 2006 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Roy D. Hooten, Appellant. |
—[*1]Peters, J. Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered September 28, 2005, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the third degree.
Waiving his right to appeal, defendant pleaded guilty to attempted criminal possession of a weapon in the third degree. He was thereafter sentenced in accordance with the negotiated plea agreement to a prison term of 1
We affirm. Defendant argues that County Court erred in sentencing him without appropriately reviewing his mental health history and by possibly considering the criminal history of another person.[FN*] However, given defendant's waiver of appeal, these issues, which do not touch upon the legality of the sentence, are not preserved (see People v Callahan, 80 NY2d 273, 281 [1992]; People v Griffin, 17 AD3d 927, 927 [2005]; People v Rosado, 300 AD2d 838, [*2]840-841 [2002], lv denied 99 NY2d 619 [2003]; People v Anonymous, 293 AD2d 374, 374 [2002], lv denied 98 NY2d 729 [2002]). Defendant's claims are, in any event, wholly unsubstantiated by the record. Finally, defendant's appeal waiver also precludes him from requesting that we modify the agreed-upon sentence in the interest of justice (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Cain, 29 AD3d 1032, 1033 [2006]; People v Portee, 28 AD3d 802, 803 [2006]).
Mercure, J.P., Spain, Carpinello and Kane, JJ., concur. Ordered that the judgment is affirmed.